Totaljobs Recruiter Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE

WHAT’S IN THESE TERMS?

These recruiter terms (the “Recruiter Terms”) set out the information applicable to recruiters (the “Recruiters”) who wish to use www.totaljobs.com (the “Site”).

1

WHO WE ARE AND HOW TO CONTACT US

1.1 The Site is operated by Totaljobs Group Limited (”We”, “Our” or “Us”). We are registered in England and Wales under company number 04269861 and have Our registered office at Blue Fin, 110 Southwark Street, London, SE1 0TA. Our main trading address is Blue Fin, 110 Southwark Street, London SE 1 0TA. Our VAT number is GB 135068522. We are a limited company.
1.2 To contact Us, please fill out our contact form or telephone Our customer service line on 0333 0145 111.

2

BY USING THE SITE YOU ACCEPT THESE TERMS

2.1 By using the Site, you confirm that you accept these Recruiter Terms and that you agree to comply with them.
2.2 If you do not agree to these Recruiter Terms, you must not use the Site.
2.3 We recommend that you print a copy of these Recruiter Terms for future reference.

3

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

3.1 This Acceptable Use Policy refers to the following additional terms, which also apply to your use of the Site:
 
(a) Our terms of use (the “Terms of Use”), which sets out the rules for using the Site and which sets out the permitted uses and prohibited uses of the Site. When using the Site, you must comply with the Terms of Use;
(b) Our privacy policy (the “Privacy Policy”), which sets out the terms on which We process any personal data We collect from you, or that you provide to Us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate;
(c) Our cookie policy (the “Cookie Policy”), which sets out information about the cookies on the Site; and
(d) If you are a jobseeker (a “Jobseeker(s)”), Our Jobseeker terms and conditions (the “Jobseeker Terms”), which sets out information applicable to Jobseekers.

4

WE MAY MAKE CHANGES TO THE TERMS OF THESE TERMS

  We amend these Recruiter Terms from time to time. Every time you wish to use the Site, please check these Recruiter Terms to ensure you understand the terms that apply at that time. These Recruiter Terms was most recently updated on 19.03.2018.

5

DEFINITIONS

5.1 In these Recruiter Terms the following words shall have the following meanings:
 
(a) Contract” the contract between Us and the Customer for the provision of Services governed by these Recruiter Terms and the documents referred to in them.
(b) Contract Month” means, in respect of any Order Form relating to the provision of Services for a specified period of months, the calendar month commencing on the Start Date and ending on the day before the same date in the next calendar month. For example, the calendar month commencing on 24 February and ending 23 March;
(c) Contract Term” means the full term of the Contract commencing on the Start Date and specified in the Order Form;
(d) Customer” means any person, company, organisation or firm which purchases Services from Us;
(e) Jobseeker Data” all data contained in the Candidate Database;
(f) Candidate Database” means the database of Jobseekers which is accessible to Recruiter via the Site who enter into a Contract;
(g) Order Confirmation” means an email from Us to you accepting your Order Form;
(h) Order Form” means an order for Services on a form provided by Us (accessed by a Recruiter either online via the Site, by email or in person.
(i) Services” means all recruitment services made available by Us from time to time; and
(j) Start Date” means the date of commencement of the Services as specified in the Order Form.

6

METHODS OF CONTRACTING

6.1 The methods of contracting with Us for the Supply of Services are as follows:
 
(a) Online via the Site. Please follow the onscreen prompts to place an order. You can submit an order using the online Order Form set out on the Site.
(b) Via email. You can request an Order Form from Us by emailing https://recruiters.totaljobs.com/contact-customer-services/page/contact-customer-services. You can submit an order by returning a completed Order Form to the same email address.

7

BASIS OF CONTRACT

7.1 Contract. The contract between Us and you in respect of the Services (the “Contract”) shall comprise the Order Form and these Recruiter Terms to the exclusion of all other terms and conditions (including any terms or conditions which the Recruiter purports to apply under any purchase order, confirmation of order or other document). In the event of a conflict in terms between the Order Form and these Recruiter Terms, the documents shall rank in the following order of precedence: (i) Order Form, (ii) these Recruiter Terms.
7.2 Correcting input errors. Our order process allows you to check and amend any errors before returning your Order Form to Us. Please check the order carefully before confirming it. You are responsible for ensuring that your Order Form is complete and accurate.
7.3 If We cannot accept your order. If We are unable to supply you with the Services for any reason, We will inform you of this by email and We will not process your order. If you have already paid for the Services, We will refund you the full amount.

8

OUR SERVICES

8.1 Provision of Services. After the Contract is formed, We will provide you with the Services from the Start Date.
8.2 Descriptions and illustrations. Any descriptions or illustrations on the are published for the sole purpose of giving an approximate idea of the Services described in them. They will not form part of the Contract or have any contractual force.
8.3 Compliance with specification. Subject to Our right to amend the specification (see clause 8.4) We will supply the Services to you in accordance with the specification for the Services appearing on the Site at the date of your order in all material respects.
8.4 Changes to specification. We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services.
8.5 Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.
8.6 Time for performance. We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.

9

YOUR OBLIGATIONS

9.1 It is your responsibility to ensure that:
 
(a) the Order Form is complete and accurate;
(b) you co-operate with Us in all matters relating to the Services;
(c) you provide Us with such information and materials We may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects; and
(d) you comply with all applicable laws.
9.2 If Our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in the clause 9.1 (“Your Default”):
 
(a) We will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve Us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle Us to terminate the contract under 20 TERMINATION;
(b) We will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from Our failure or delay to perform the Services; and
(c) it will be your responsibility to reimburse Us on written demand for any costs or losses We sustain or incur arising directly or indirectly from Your Default.

10

CHARGES

10.1 In consideration of Us providing the Services you must pay Our charges (the “Charges”) in accordance with this Charges section.
10.2 The Charges are the prices quoted on the order form.
10.3 Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay Us such additional amounts, at the applicable rate, at the same time as you pay the Charges.
10.4 Where a Customer posts an advertisement on the Site which includes any reference to a brand of a client or a subsidiary of the Customer (which reference may include, without limitation, such client's or subsidiary's logo, http address, email address and telephone number) (the “Client Branded Advertising”), and the posting of such Client Branded Advertising has not been agreed by Us, the offending content will be removed.
10.5 A job posted on the Site will remain live as agreed in the Order Form. Any extension of this time will be charged to the Customer as a new posting. Any jobs posted in addition to the agreed number of jobs per month will be charged at a price per job agreed with the Customer. A single job is identified by its unique ID number. If a Customer deletes a job and then either reposts it or posts another, this will be classed as two jobs.
10.6 If any Services to be used within any time period specified on the Order Form are not used within that period of time they may not be carried over into any subsequent period without Our prior written consent. The Customer will be responsible for payment for any unused Services.

11

HOW TO PAY AND CREDIT TERMS

11.1 Payment for the Services is by bank transfer or in case of online purchase by credit card.
11.2 We will send you an electronic invoice after the start date set out in the Order From. The invoice will be sent to the email address you provide as your accounts payable contact or as otherwise agreed.
11.3 If you fail to make a payment under the Contract by the due date, then, without limiting Our remedies under you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause Error! Reference source not found. will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
11.4 You must pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
11.5 Credit is granted subject to Us obtaining suitable credit checks. Other than for Services purchased online where payment has been confirmed and where credit is granted, an e-invoice will be issued. The invoice will be sent to the email address you provide as your accounts payable contact. The invoice will be due for payment in full within 30 days of invoice date. In the event of late payment, We may terminate Services and all outstanding invoices will become payable immediately. In the case of contracts greater than one month duration, the fees in respect of the notice period shall also become payable immediately.
11.6 In addition, interest and fees will be payable on late payments in accordance with Late Payment of Commercial debts (Interest) Act 1998. If credit is not permitted a prepayment account may be granted, the whole amount of the contract payable in advance of services being provided. You may request a review of this credit arrangement after 3 months from contract start date. TJG reserve the right to periodically review your credit terms.

12

JOB ADVERTISING

12.1 Job adverts go live after payment confirmation on the Site during the following times based on 24 hour clock UK time:
 

Weekdays

Job advertised between

Job live in/by

00:00 - 07:59

11:00 same day

08:00 - 17:00

Within 3 hours

17:01 - 23:59

11:00 next working day

12.2 For first time Customers who pay online via the Site, We need to carry out some security checks before jobs go live. If it is not possible to verify this from the information provided, We will contact Customers to request further information. This may delay the time it takes for jobs to go live.
12.3 You will be notified by email when your job adverts have gone live on the Site.
12.4 We have rules regarding the content and format of jobs posted on the Site. Their purpose is to ensure that users who search the Site get results which are presented as clearly and informatively as possible. You agree that We may, at Our discretion and without liability to you, remove from the Site any advertisement which is posted in breach of these rules:
12.5 The Rules are as follows:
 
(a) No duplicating of jobs at the expense of other Recruiters jobs.
(b) No gratuitous use of keywords in job descriptions or job titles. “Gratuitous” means deliberately inserting words, strings of words, or repeating job titles, with the intention of influencing position in the results listing, or increasing the number of page views.
(c) Job advertisements placed on the Site must be for genuine vacancies only, and not for other products or services, either relating to or unrelated to recruitment including, but not limited to, affiliate schemes, pyramid selling schemes or any other so called 'business opportunity'.
(d) URLs or email links (live or text only) are not permitted in the body copy of the job description page. Email links are permitted from the 'send an email' link and url linking is permitted from the 'apply online' link.
(e) Any advertising that uses the name or logo of the company being recruited for is subject to Our rates for such advertising as detailed above.
(f) Advertisements which appear to discriminate on grounds of sex, race or disability are illegal and may result in proceedings being taken against both the advertiser and the publisher. Advertisements are accepted by the Site on the basis that the Recruiter confirms that any requirement or qualification which may appear to discriminate illegally is in compliance with any exemption available under the relevant legislation. Notwithstanding this confirmation, if We nonetheless believe that an advertisement may be discriminatory We may at Our discretion either amend the advertisement or remove it from the Site without liability to you to make any refund of amounts paid or due to be paid in respect of the posting or otherwise and will inform you accordingly.

13

RESPONSES TO ADVERTISEMENTS

13.1 You agree to deal fairly and professionally with individuals who may respond to an advertisement you have posted and not do anything which may bring Us or the Site into disrepute. You will indemnify Us from and against any claim brought by an individual against the Site arising from your breach of this obligation or any other term of these Recruiter Terms.
13.2 We do not guarantee any response to your advertisement or that responses will be from individuals suitable for the job advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that Jobseekers are suitable for the job advertised and have the required qualifications and personal characteristics.
13.3 As part of Our commitment to getting customers the best possible response, We reserve the right to amend some of the job details that you supply in order to optimise your advertisement.

14

THIRD PARTY SITES

  Vacancies you post on the Site may also appear on third party recruitment web sites pursuant to agreements from time to time between Us and the proprietors of such web sites.

15

INTERNATIONAL SERVICES

15.1 Offers and prices for international services are subject to change until the specific advertisement is placed and depend on our continued cooperation with our cooperation partners in the respective countries, in the StepStone Group.
15.2 For services that are published or used on websites that are not operated by us, additional requirements and restrictions may apply. These have to be met. Specific information about additional requirements and restrictions for websites that are not operated by us are provided upon request.

16

USE OF CANDIDATE DATABASE

16.1 Rights in the Candidate Database. Database rights and all other applicable copyright and intellectual property rights in the Candidate Database belong to Us. You acknowledge that you do not acquire any rights in the Candidate Database or its content and that your retention and use of the Candidate Database and its content is governed by these Recruiter Terms.
16.2 Use of the Candidate Database. The material you are entitled to receive from the Site is determined by the service you have purchased from Us. On receipt of this material you may use:
 
(a) search or download it to your database using the Recruiter Space and its associated functions for the purpose of finding suitable Jobseekers for specific job vacancies that you or (if you are an employment agency or employment business) your client wish to fill;
(b) the information about the Jobseekers contained in the Candidate Database for the purpose of contacting them (either directly or through the Site depending on the product you have purchased) in relation to a specific job vacancy; and
(c) the information only in connection with your own recruitment-related activities.
16.3 You may not:
 
(a) Supply, sell or license material from the Candidate Database, or a copy of it, to any other person, including another member of your group of companies.
(b) Download, search or view the Candidate Database through any automated (e.g. ‘scraping’) process.
(c) Contact the individuals on the Candidate Database or make or allow any use of the information about those individuals, other than for the purpose of finding suitable Jobseekers for specific job vacancies. You must, at all times, comply with your obligations under the Privacy Policy.
(d) Access Our Candidate Database from a system that is not fully patched or does not have industry standard AntiVirus software installed that is regularly updated.
16.4 The Use of Candidate Database is subject to our fair usage policy:
 
(a) We deem fair usage to be 250 CV searches and 250 CV downloads or 200 CVs received per our services per user per day. A day is considered a calendar day between the hours of 00:00:00 GMT and 23:59:59 GMT.
(b) We reserve the right to amend any fair usage limits that have been imposed without prior notification.
(c) We take any misuse of data, breach of a user's Contract or breach of any legal policy or regulations very seriously. We reserve the right to limit, suspend or cancel, without refund, access to the candidate CV database and associated services (including but not limited to Pay per View CV Search) if We, in our sole discretion, suspect the misuse of data by a user and/or the user has breached any of the terms of their Contract with Us. In addition, any such activity may result in legal action being taken by Us against the offending part.

17

APPLICATION DATA

17.1 When a Jobseeker submits a response to an advertisement, details of their application will be loaded to your account. Your account allows you to record notes against the application and track its progress (together with the details of their application, “ Application Data”).
17.2 You acknowledge that We may delete such Application Data without notice to you in line with our general policies on retention and deletion of data relating to Jobseekers, including where the Jobseeker to whom the Application Data relates decides to delete his profile.
17.3 As a controller of Application Data, We will comply with Our responsibilities under the General Data Protection Regulation in respect of such notes, which may include disclosure of Application Data to the Jobseeker if the Jobseeker submits a request to access his data;
17.4 For the purposes of the General Data Protection Regulation you are a joint controller of Application Data held on your account. You agree you will be responsible for ensuring that any Application Data which you enter is accurate, deleting Application Data when you no longer require it, and responding in a timely fashion to any request from a Jobseeker seeking to exercise his rights under the General Data Protection Regulation, including requests which we receive and pass to you because we are not able to assess them, for example where a Jobseeker asks for inaccurate data to be corrected.

18

DELETION OF JOBSEEKER DATA

  You agree to delete all Jobseeker Data upon its replacement with up-to-date material or the satisfactory conclusion of your search for a suitable Jobseeker, whichever occurs first.

19

DEALINGS WITH JOBSEEKERS

  You agree to deal fairly and professionally with Jobseekers you may contact using information from the Candidate Database and not do anything which may bring Us or the Site into disrepute. You will indemnify Us from and against any claim brought by an individual against Us arising from your breach of this obligation or any other of these Recruiter Terms.

20

CUSTOMER SUPPLIED CONTENT

20.1 This section applies to all advertising campaigns (the “Campaigns”) and other material accepted by Us for display on any of Our websites. By placing any such material you accept these terms and conditions as principal, even if you are acting as agent or buyer for the third party advertiser.
20.2 We must receive the complete creative content for a Campaign in acceptable format at least two working days before 9am on the go-live date specified in your order. Otherwise, We may not be able to achieve the specified go-live date but you must pay the full amount set out in the order irrespective of whether any delivery target for impressions have been met.
20.3 To cancel or alter an order for a Campaign you must inform Us or email at the number or address on the order, at least two working days before 9 am on the go-live date specified in your order. Otherwise you must pay the full amount set out in the order, irrespective of whether any delivery targets for impressions have been met.
20.4 You are responsible for the content of material supplied by you and for ensuring that you have the right to supply it to Us and that it complies with all relevant legislation and codes of practice. If We receive complaints about any material or its content We may, at Our discretion, remove the material from display without reference or liability to you. You hereby indemnify Us against any claim that the material infringes the intellectual property rights or other rights of others or is defamatory or otherwise offensive.
20.5 If you are an employment agency or an employment business (as defined by the Employment Agencies Act 1973) it is your responsibility to ensure the advertisements you place on the Site comply with the Conduct of Employment Agencies and Employment Businesses Regulations 2003 and all other applicable laws.
20.6 You are also responsible for fulfilling and dealing with any orders or enquiries relating to the goods or services to which a Campaign relates and you indemnify and hold Us harmless accordingly.
20.7 Where a Campaign is sold on a cpm basis, We will provide you with a password to enable you to monitor the number of impressions served in lieu of any other right of audit. You will not use the password, or the system to which it gives you access, for any other purpose.
20.8 Your sole remedy if We, or Our third party subcontractors who may host and serve Campaigns from time to time, make an error in displaying any Campaign is the cost of re-running the relevant Campaign. Neither We nor Our subcontractors shall be liable in any circumstances for any loss of profit or business.

21

TERMINATION

21.1 Without limiting any of Our other rights, We may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:
 
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 days of you being notified in writing to do so;
(b) you fail to pay any amount due under the Contract on the due date for payment;
(c) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(d) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(e) your financial position deteriorates to such an extent that in Our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
(f) Termination of the Contract will not affect your or Our rights and remedies that have accrued as at termination.
(g) Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

22

EVENTS OUTSIDE OUR CONTROL

22.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under the Contract that is caused by any act or event beyond Our reasonable control (an “Event Outside Our Control”).
22.2 If an Event Outside Our Control takes place that affects the performance of Our obligations under the Contract:
 
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under the Contract will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
22.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact Us. If you opt to cancel We will refund the price you have paid, less the Charges reasonably and actually incurred by Us in performing the Services up to the date of the occurrence of the Event Outside Our Control.

23

LICENSE TO USE CUSTOMER’S NAME TRADEMARKS AND LOGOS

  The Customer grants to Us a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the Contract to use the Customer's name, trademarks and logos (the “Customer IP”) for the purposes of providing the Services and in Our marketing materials (including, but no limited to, websites and brochures) and that We may present examples of the services provided to and the materials published on behalf of Customer.

24

LIMITATION OF LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

24.1 Nothing in the Contract limits or excludes Our liability for:
 
(a) death or personal injury caused by Our negligence, or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
24.2 Subject to clause 23.1, We will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
 
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) any indirect or consequential loss.
24.3 Subject to clause 23.1, Our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited 50% of the total Charges paid under the Contract.
24.4 Except as expressly stated in these Terms, We do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, including without limitation the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.
24.5 Nothing in these Recruiter Terms limits or affects the exclusions and limitations set out in Our Terms & Conditions.
24.6 This clause 23 will survive termination of the Contract.

25

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

  These Recruiter Terms, their subject matter and its formation are governed by English law. You and We both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

Please also see our privacy policy and GDPR FAQs for more information.